Tribes, Feds Clash With States Over ICWA At High Court

By Andrew Westney (December 9, 2021, 6:25 PM EST) -- Texas and other states have urged the U.S. Supreme Court to weigh their broad challenge to the constitutionality of the Indian Child Welfare Act, while the federal government and Native American tribes say justices should focus on specific rulings the Fifth Circuit wrongly found invalid.

Both sides are seeking review of a sprawling April decision by the en banc Fifth Circuit that upended a Texas federal judge's ruling that the 1978 ICWA, which sets federal standards for state child custody cases involving Native American children, is illegally race-based.

The decision provided other key wins for the federal government, states and tribes...

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